The five years regular service requirement was not mandatory for Telecom Mechanics to be eligible for the limited Departmental Competitive Examination for appointment/promotion to the post of Telecom Technical Assistant.

Ghose, J

1. THIS appeal is directed against an order and/or judgment dated 3rd August, 2006 passed by the learned Single Judge.

2. ON 13th February, 1998 the petitioner joined as a Group-D employee in the Calcutta Telephones. The Department of Telecommunications was amalgamated/merged into BSNL with effect from 1st October, 2000. The writ petitioner was absorbed in BSNL on 1st October, 2000. Applications were invited to promote eligible Group- D employees in the cadre of Telecom Mechanic (Group- C) by the respondents (the appellant herein) on 18th March, 1999.

The case of the writ petitioner in the writ petition being W.P. No. 16252(W) of 2005 that he was qualified on 1 st May, 1999 in the screening test for recruitment to the cadre of a Telecom Mechanic from his original Group- D post. Thereafter, on 1st February, 2000, the Government of India, Ministry of Communications, Department of Tele-communications, Office of the Chief General Manager, Calcutta Telephones published "eligible" list of "selected Telecom Mechanics" who had qualified from Group-D. The name of the petitioner was included in the said list. It further appears that the writ petitioner specifically pleaded in the writ petition which reads as follows :-

"9. That thereafter, qualifying screening test has been conducted amongst the Group-D employees who have applied for promotion to the post of Telecom Mechanic on 1.5.1999. Your petitioner successfully came out from the said selection test and thereafter, Assistant General Manager (R and E), Calcutta Telephones under his memo dated 01.02.2000, published the names of successful candidates. In the said panel, your petitioner's name has been placed against serial No. 711"

3. AFFIDAVIT -in- opposition was also filed and it appears that the appellant did not deny the said fact that contents of Annexure P-6 to the writ petition being a document on record has been admitted and no denial has been made by the appellant. Therefore, it is admitted that the petitioner had qualified in the screening test held on 1st May, 1991 for recruitment to the cadre of Telecom Mechanic and his position stood at SI. No.711 of the list.

4. BY a subsequent communication dated 3rd November, 2000 of the appellant herein, a release order was issued by M/s. Bharat Sanchar Nigam Limited, Calcutta Telephones wherein it is stated that "On successful completion of 8 (Eight) weeks training of Telecom Mechanic (Extv)' w.e.f. 11/9/2000 to 3/11/2000 conducted by DTTC/ Ballygunge Place, the following trainees are hereby released from this Training Centre w.e.f. 3/11/2000 (A/N) with the instruction to report back to their parent cadre and parent sections."

Therefore, the said release of 29 (twenty-nine) Telecom Mechanics was on completion of their being subjected to 8 (eight) weeks successful training during the period 11th September, 2000 to 2nd November, 2000. Therefore, the petitioner's status, after having successfully qualified in the Screening Test, was already that of a Telecom Mechanic because had it not been so, he would not have been subjected to 8 (eight) weeks training along with the remaining 28 (twenty-eight) Telecom Mechanic Trainees as it would be evident from Annexure P-7 itself.

5. ON 27th May, 2005, the appellant caused a memo issued from the Office of the Chief General Manager, Calcutta Telephones, widely circulating its intention of holding a limited Departmental Competitive Examination for appointment/promotion to the post of a Telecom Technical Assistant. The syllabus for limited Departmental Competitive Examination for Telecom Technical Assistant is set out hereunder:-

"SYLLABUS FOR LIMITED DEPARTMENTAL COMPETITIVE EXAMINATION FOR TELECOM TECHNICAL ASSISTANT Qualification and the cadres eligible to appear for Limited Departmental Competitive Examination a) i) Telecom Operating Assistant (TOA) with five years regular service or ii) Senior Telecom Operating Assistant (Sr. TOA) with five years regular service (including the serv